M-¡2 DATE: 5-/l'âz APPROVED BY:
AT TE I
c
o
SI]RVEY
OF ON TI{E FINAI MAP
The character, tyPe and positions of all monúmenÈs and encasemenËs shall be noted onthefinalnap.Ifanyshortageorexcessofdistanceisfoundonthegroundbetr¡eenexísËingmonumentsrcornparedr^riththeoríginalrecord'anydivísíonofthe ËoËal musË bear its prcportion of such shortage or excess' If a monument is replaced., indicate type aod. condition of rnonuoeot found, and the daEe of replacemenË. 69
=N
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VALVE g'qI
¡¡? Éi'oR' :tcil EQII.AL
BRjCK F€ofrñ6.
5¡JRVEY È1OÈUME}.¡f
7,^+ä¡rræ"f^å''3*åå+'
-Bl E¡JCâ¡IESß-
.UCTE, MoÈuMEÀlfS ¡ÂE To eE *î Ær''ß ç:|?f,'E[t tlavE c€EÀ¡ P^VE-O.
M-13
(Mod¡fied) DATE
Ev.,z
L E c ITY OF
BOX
a
ê
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ê
o
ê
d
ô
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70
s-l
DETAILS
z-zz-/ê
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tev. 2/96
c WAT IF
DR¡T H.ED.
È,NtJtNBCKln rnF=Ãi
oafE g/El
(tl¡l É
24 DIA.
5',
A
SHEI.F l:t2
STANDARD FRAME AND COVER.
SOUTH BAY FOUNDRY SBF.1O7,
MARKED'SA},¡]TARY SEWER".
cLASS'ú
PRE€AST IIIANHOI-E SECTIONS SI{ALLMEET ÀS.T.M. SPECIFICATION C 478 FOR CL III REINFORCED CONCRETE PIPE.
LENGTHS OF ONE, TWO OR THREE
FEET ARE OPTIONAL ALL JOINTS SHAI-LBE GROUTED SMOOTH, INSIDE AND OUT AND SI-IALL BE WATERTIGHT.
PIPE SFIAII- BE IAID THROUGH THE MANHOIf. THEN
SMOOTHLY BROKEN OUTAFTER BASE CONCRETE HAS
SET. CONCRETE SHALL I-{AVE A SMOOTH. UNIFORM, STEEL
TROWEL FINISH. AFTER PIPE IS BROKEN OUT, ADDÍTIONAL
GROUT SHALL BEAPPUED AND BRUSHED SMOOTH.
WHERE INCOMING AND OUTGOING SE'I/VER PIPES IN MANHOLEVARY IN SIZE, Ð$END LOWER HAL\ES OF SEVI/ER PIPES 8" BEYOND INSIDE OF WAIJ-AND SHAPE A SMOOTH, EVEN
TRANSITION CHANNEL BETWEEN PIPES.
MATCH SOFFITS OF PIPE AT MANHOLES, JOINING DIFFERENTSIZED PIPES, IF I-ARGER IS DOWNSTREAiI.
M¡N.I IU ACPAVING
3'or 6" GRADE RINGS
2:1 MORTAR,DRYPACKED i
CONCENTRIC REINFORCED CONCRETEcoNE ECCENTRIC R.C. CONE OPTIoNALTO BE APÞROVED BYTHE CÍTY ENGINEER s"MlN.
PE SIZE VARIES
DROP CONNECTION
¿
io=
2' 2'
bllt
E
E
o
5'DlA.(MlN.) DRCP CONNECTTON OPTTONAL,TO BE USED WHERE SHOWN ON PLANS
CLASS'A CONCRETE BASE
\t
SECTION A -A
E
rI@
IJl¡l
71
s-4
ilz*/ rr (MODIFIED) DATE:
ENGINEER
DRIùOATERev.
o F ATWATER E c ITY
¡ofE:. i,i' iottttu - FRÀt¡E ^¡lo c.YER- -?l'.'.EFrott iãrno"v t{o. ^-49o - -P}loE¡llx - tn-o' 'noRl(s '*L ãËìò,2-L-oR aPPRoYEo Eou^L' CONCRETE CCALJÂ
AL 'ùRqUrlO OfI PAYEHEI{f
3EE llOlE
t\
E
d=E
coHPAcflotl a3 PER 5fÞ- T-l rHRuf-3
peVevexr 10 BE lancúT
31O, V,C.P. '¡YYE
E RATTCH . DIA. PIPE
PLUG
cLAss "3" P.C.C.
|t.-.
i
la
ãrB ktrr, I-'i, ,l72
I'
b
?,,
8"
g"
t¿'
¡¡ltt G
Jlz'
6lz
13"
14'
l?"
F
tO!/2"
tl"I Itj'
12'
sD-3
E
75"
82"
69"
96"
I to"
121',
154'
D
3r;'
6"
6-a'
7"
I
gt
t2"
c
ilt2'
t2"
tz'i1
t3"
tc'
lc'
r8"
72'8c'96'
r20"
g
5c60'
66"
EER
OAfE
z-22- ra
gg'
g€'
r to'
l2a"
15,¡t
A
75"
8e"
96"
DtÀ
5a"
60'
66"
-12"
84 C¡TY
a
APPNOVED
RM DRAIN M.H. FOR C:l.PP
crrY o A TER
MIN. Il/?ACPAVING
STANDARD FRAME AND COVER, .SOUTH BAY FOUNDRY SBF.1O7,
IIARKED'STORIT.
CLASS.B'CONCRETE €T MN.
3. or6i. GRADE RINGS
.2I MORTAR, DRYPACKED
CONCENTRIC RETNFORCED CONCRETE
coNE- ECCENTRIC R.C. CONE OmOt.¡AL
TO BE APPROVED BYTHE CTY ENGINEER- :
PRE€AST IJIANHOIE SECTIONS S'-IALL
. MEETÀS.T-IÂ SPECIFICATION C478
FOR CL III RE]NFORCEÐ CONCRETE PIPE.LENGTHS OF ONE TWO OR THREE FEET ARE OPT|OÀ¡AL AtL JO]NTS SHAII BE
GROUTED SMOOTH. INSIDE AND OUT AI.¡DSI{ALL BE WATERTIGHT. #5 BARS ( SEE STANDARD PI-AN .r,
St}4FORPTANV|EW)
POUREDIN+I-ACE P.C.C. BASE
TYPICAL CONCENTRIC
iIANHOLE
54" THRU I2O,
ct-Ass'A' P.c.c. coNFoRMtNGTO
SECNON 90. STANDARD SPECIFICATIONS,
STATE OF CAUFORNIÀ 1992 EDMON OR
Al.l APPROIÆD EOUAL Sr{Att BE USED
FOR M.H. BASESAND C.IP-P.
G
48'
irl
,.2Í--:-
G B \
a I
:.''-.-'./-i.
". ¡i
I
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a
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73
74
DETAIL 3 DELETED
(2 LANE HIGHWAYS)
RETROREFLECTIVE FACE
CENTERLINES
TYPE C AND TYPE D TYPE G AND TYPE H
(MULTILANE HIGHWAYS)
LANE LINES
7'-0" 17'-0" 7'-0" 17'-0" 7'-0"
DETAIL 3DETAIL 4
DETAIL 5
DETAIL 4 DELETED
DETAIL 6
7'-0" 17'-0" 7'-0" 17'-0" 7'-0"
12'-0" 36'-0" 12'-0"12'-0" 36'-0" 12'-0"
DETAIL 1
DETAIL 2
DETAIL 7 DETAIL 7 DELETED DETAIL 13DETAIL 14DETAIL 14A
DETAIL 13 DELETED DETAIL 14 DELETED
DETAIL 14A DELETED
DETAIL 12A
DETAIL 12
DETAIL 11DETAIL 10 DETAIL 10 DELETED
DETAIL 9ADETAIL 8
DETAIL 9
NO PASSING ZONES - ONE DIRECTION
NO PASSING ZONES - TWO DIRECTION
DETAIL 15 7'-0" 17'-0" 7'-0" 17'-0" 7'-0"
7'-0"
LOLLOL
3"
3"
DETAIL 16
LOL
DETAIL 18DETAIL 17 DETAIL 17 DELETED
12'-0" 36'-0" 12'-0"
3"
LOL
DETAIL 19
3"
DETAIL 20 DETAIL 20 DELETED
LOL
DETAIL 21
LOL
DETAIL 22
24'-0" 24'-0"
2"
3"
2"
DETAIL 23 DETAIL 23 DELETED
3"
MARKER DETAILS
8'-6" 7'-0" 17'-0" 7'-0" 8'-6"
48'-0"
18'-0" 12'-0" 18'-0"
48'-0"48'-0"
8'-6" 7'-0" 17'-0" 7'-0" 8'-6"8'-6" 7'-0" 17'-0" 7'-0" 8'-6" 48'-0"48'-0"
18'-0" 12'-0" 18'-0"
48'-0"
18'-0" 12'-0" 18'-0"
48'-0"
8'-6" 7'-0" 8'-6"
24'-0" 24'-0" 2
"
18'-0" 12'-0" 18'-0" 18'-0" 12'-0"
24'-0" 24'-0" 24'-0" 2
"
3‡"-4?" 3‡"-4?"
1‡"-4?"
…
"-¾"
1‡"-4?"
…
"-¾"
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
TYPICAL DETAILS
PAVEMENT MARKERS AND TRAFFIC LINES
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
6" YELLOW LINE6" WHITE LINETYPE H ONE-WAY YELLOW RETROREFLECTIVE MARKERTYPE G ONE-WAY CLEAR RETROREFLECTIVE MARKERTYPE D TWO-WAY YELLOW RETROREFLECTIVE MARKERTYPE C RED-CLEAR RETROREFLECTIVE MARKER LEGEND:
3-31-26
C81705
Florencia Allenger
12 A20A
2024STA ND ARDPLA NA 20A
September 20, 2024
7-1-24
Return to Table of Contents
75
DETAIL 30 DELETED
DETAIL 33 DELETED
3?"-4?" 3?"-4?"
12'-0" 12'-0"
12'-0" 12'-0"
12'-0" 12'-0"
12'-0" 12'-0"
18'-0" 18'-0" 18'-0"
18'-0" 18'-0" 18'-0"
24'-0" 24'-0" 24'-0"
24'-0" 24'-0"
24'-0" 24'-0" 24'-0"
24'-0" 24'-0"
36'-0"
36'-0"
17'-0"
7'-0"
17'-0"
8'-6"
100'-0" Min
100'-0" Min
100'-0" Min
100'-0" Min
100'-0" Min
100'-0" Min
100'-0" Min
100'-0" Min
RIGHT EDGE LINES
12'-0" 36'-0" 12'-0" 36'-0"
18'-0" 12'-0" 36'-0" 12'-0" 36'-0" 12'-0" 18'-0"
LOLLOLLOLLOL
LOL
LOL
LOL
LOL
LOLLOL
LOLLOL
1½ " 1½ "
24'-0" 24'-0" 24'-0" 24'-0" 24'-0" 24'-0"
96'-0"
96'-0"
1½ " 1½ "
TYPICAL
12'-0"
TYPICAL
12'-0"
DETAIL 28DETAIL 29
DETAIL 24DETAIL 25DETAIL 25A
DETAIL 27B
2"
MEDIAN ISLANDS
DETAIL 30
DETAIL 31
3" 3"
2" 2"
3" 3"
DETAIL 32
DETAIL 33
2"
2"
2"
2" 3"
3" 3" 3"
3"
3" 3"
3"
MARKER DETAILS
DETAIL 34
DETAIL 34A
DETAIL 35
DETAIL 35A
TREATMENTS
INTERSECTION
2"
2"
2" 3" 3" 3"
3"
24'-0" 24'-0"
24'-0" 24'-0"
Min
2'-0"
7'-0"
7'-0"
7'-0"
8'-6"
2"
MINIMUM
2'-0"
8'-6"
8'-6"
8'-6"
8'-6"
? "-¾ " 1? "-4? "
? "-¾ " 1? "-4? "
DETAIL 27A
EDGE OF TRAVELED WAY
EDGE OF TRAVELED WAY
CENTERLINE INTERSECTING STREET
DETAIL 27A DELETED
EDGE OF TRAVELED WAY
(DIVIDED HIGHWAYS)
RETROREFLECTIVE FACE
1½ "
1½ "
1½ "
1½ "
1½ " 1½ " 1½ "
1½ "
AND TYPE D
TYPE RY TYPE H
TWO-WAY LEFT TURN LANES
DETAIL 25B
DETAIL 26A
2" 48'-0"
DETAIL 26 EDGE OF TRAVELED WAY
2" 48'-0"
EDGE OF TRAVELED WAY
DETAIL 26B
DETAIL 27
See Note
LEFT EDGE LINES
On freeways use traffic stripe details with Type RY markers.LEFT EDGE LINES NOTE:
TYPICAL DETAILS
PAVEMENT MARKERS AND TRAFFIC LINES
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
2"
2" 3"
48'-0"
EDGE OF TRAVELED WAY
2"
2" 3"
48'-0"
EDGE OF TRAVELED WAY
6" YELLOW LINE6" WHITE LINETYPE RY RED-YELLOW RETROREFLECTIVE MARKERTYPE H ONE-WAY YELLOW RETROREFLECTIVE MARKERTYPE D TWO-WAY YELLOW RETROREFLECTIVE MARKER LEGEND:
13 PLANS APPROVAL DATE
No.
Exp.
REG ISTERED PROFESSIONAL ENG INEER
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
DETAIL 27C
3'-0" 12'-0" 12'-0" 12'-0"
3'-0"
3'-0"
INTERSECTIONS
RIGHT EDGE LINE EXTENSION THROUGH
2024 STA ND A RD PLA N A 20B
2"
2" 48'-0" EDGE OF TRAVELED WAY
2"
2"
2"
48'-0"
EDGE OF TRAVELED WAY
September 20, 2024
5-9-24
A20B
Florencia Allenger
C81705
3-31-26
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76
2 "
2 "
DETAIL 36DETAIL 36A
DETAIL 37
DETAIL 37A
DETAIL 37B
DETAIL 37C
short auxiliary lanes where weaving length is critical.* The solid channelizing line shown may be omitted on 24'-0"
24'-0"
24'-0"
1'-0"
6'-0"
24'-0"
30'-0" 30'-0" 30'-0" 30'-0"
3'-0"
3'-0"
6'-0"
* 300'-0"
12'-0"
30'-0" 30'-0" 30'-0" 30'-0"
2 "
2 "
2 "
2 "
2 "
1?"-4?"
?"-¾"
3?"-4?" 3?"-4?"
?"-¾"
1?"-4?"
6'-0"
3'-0"
3'-0"
6'-0"
12'-0"
6'-0"
3'-0"
6'-0"
3'-0"
6'-0"
6'-0" 6'-0"
EDGE OF TRAVELED WAY (MAINLINE)
EDGE OF TRAVELED WAY (RAMP)
EDGE OF TRAVELED WAY (MAINLINE)
EDGE OF TRAVELED WAY (RAMP)
6" WHITE LINE
6" YELLOW LINE
6" WHITE LINE
6" YELLOW LINE
6" WHITE LINE
12" WHITE LINE
EDGE OF TRAVELED WAY (MAINLINE)
EDGE OF TRAVELED WAY (RAMP)
6" YELLOW LINE
SEE DETAIL 36
8" WHITE LINE
THROUGH TRAFFIC
8" WHITE LINE
RETROREFLECTIVE FACE
LEGEND:
12" WHITE LINE
6" WHITE LINE
DETAIL 36B
12" WHITE LINE
12" WHITE LINE
TYPE RY RED-YELLOW RETROREFLECTIVE MARKER TYPE G ONE-WAY CLEAR RETROREFLECTIVE MARKERTYPE C RED-CLEAR RETROREFLECTIVE MARKER DETAIL 37A DELETED
DETAIL 37C DELETED
Std PLAN A20BSEE DETAIL 27B
Std PLAN A20BSEE DETAIL 25A
Std PLAN A20BSEE DETAIL 27B
Std PLAN A20ASEE DETAIL 8 OR 9A
Std PLAN A20BSEE DETAILS 25A
Std PLAN A20BSEE DETAIL 27B
Std PLAN A20BSEE DETAIL 25A
Std PLAN A20DSEE DETAIL 38B
Std PLAN A20DSEE DETAIL 38
LINE12" WHITE
CHEVRON PAVEMENT MARKINGS AT EXIT RAMP GORE AREA
ENTRANCE RAMP NEUTRAL AREA (ACCELERATION LANE) TREATMENT
MARKER DETAILS
LANE DROP AT INTERSECTIONS
ENTRANCE RAMP NEUTRAL AREA (MERGE) TREATMENT
EXIT RAMP NEUTRAL AREA (GORE) TREATMENT
LANE DROP AT EXIT RAMPS
MARKING DETAILSEE CHEVRONMARKING DETAILSEE CHEVRON
SEE CHEVRON
MARKING DETAIL
12" WHITE LINE
CHEVRON PAVEMENT MARKINGS AT ENTRANCE RAMP GORE AREA
12" WHITE LINE
SEE DETAIL 36
6'-0"
18"
TYPE G
TYPE RY
TYPE C AND
45^
45^
THEORETICAL GORE
THEORETICAL GORE
PHYSICAL GORE
PHYSICAL GOREPHYSICAL GORE
18"
6'-0"
45^
SEE DETAILS 36A OR 36B 50'
45^
12" WHITE LINE
50'
NOTES:
Ramp channelizing lines details, see Details 36, 36A, and 36B.Gore area chevron pavement markings shown. For Exit and EntranceTerminate chevron markings at physical gore.chevron will not fit into the gore area, do not install chevrons.Install a minimum of 1 chevron in the gore area. If at least 1
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
TYPICAL DETAILS
PAVEMENT MARKERS AND TRAFFIC LINES
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
14 A20C
2024STA ND ARDPLA NA 20C
September 20, 2024
7-1-24
Florencia Allenger
C81705
3-31-26
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77
See Notes A and B
FINISHED ROADWAY SURFACE
SECTION A-A
PLAN
INTERSECTION LINE
CHANNELIZING LINE
MARKER DETAILS
BIKE LANE LINE
BIKE LANE
TYPE 1
TRAFFIC STRIPE
DETAIL FOR RECESSED
See Notes 1 and 2
RETROREFLECTIVE FACE
FOR RECESSED INSTALLATION
RETROREFLECTIVE PAVEMENT MARKER
A A
2'-0" Min 1'-0" Min
5?"±?"Va
r
2'-0" Min 1'-0" Min 2'-0" Min
RECESS DETAIL FOR RETROREFLECTIVE PAVEMENT MARKER
PLAN
B B
5?"±?"
MARKER AT CENTER OF RECESSRETROREFLECTIVE PAVEMENT
Var
THROUGH TRAFFIC
DETAIL 38 8" WHITE LINEDETAIL 38A 8" WHITE LINEDETAIL 38B 8" WHITE LINE
DETAIL 38C DETAIL 38C DELETED DETAIL 38D
EXIT RAMPS ONLY
DETAIL 39
6" WHITE LINE
DETAIL 39A
6" WHITE LINE
DETAIL 40 6'-0" 6" WHITE LINE
LANE LINE EXTENSIONS THROUGH INTERSECTIONS
DETAIL 40A DETAIL 40A DELETED DETAIL 41DETAIL 41A DETAIL 41A DELETED 1'-0"
1'-0" 6'-0"
CENTERLINE EXTENSIONS THROUGH INTERSECTIONS
6" YELLOW LINE
RETROREFLECTIVE FACE
TYPE C TYPE G
RECESSED NOTES:
B.A.
material thickness.recess depth and recess stripingSee Standard Specifications forfor pavement marking patterns.See typical traffic line details 6" TO 8"
200'-0" INTERSECTION
8'-0" 4'-0"
24'-0" 24'-0"24'-0" 24'-0"24'-0" 24'-0"
2"
2"
2"
2"
STRIPING MATERIAL
See Note 4
AND TYPE D
TYPE C, TYPE RY,
AND TYPE H
TYPE G, TYPE R,
8" WHITE LINE
2"-2½"
2"-2½"
SEE NOTE3
0 "-?",
SEE NOTE3
0 "-?",
SECTION B-B
TYPE 2
AT DOWNSTREAM END OF RECESSRETROREFLECTIVE PAVEMENT MARKER
AT DOWNSTREAM END OF RECESSRETROREFLECTIVE PAVEMENT MARKER See Note 5
MARKER AT CENTER OF RECESSRETROREFLECTIVE PAVEMENT
RECESSED MARKER NOTES:
5.4.3.2.1. of the recess.and place the marker at the upstream endface. Reverse the orientation of the recessType R markers with one-way retroreflectiveFor exit ramps, use Type 1 recess fortwo-way retroreflective face.Type 2 recess for pavement markers withwith one-way retroreflective face. UseUse Type 1 recess for pavement markerspavement surface.in recesses shall be 0" to ?" below theThe top of pavement markers installedused for non-recessed installations.for recessed installations are not to beThe retroreflective pavement markers shownmarkers.patterns to be used with recessed pavementSee typical traffic line details for marker 6"
3?"-4?" 3?"-4?"
?"-¾"
?"-¾"1?"-4?"
1?"-4?"
?"-?"
4?"-4?" 4?"-4?"
?"-?"
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
TYPICAL DETAILS
PAVEMENT MARKERS AND TRAFFIC LINES
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
6" YELLOW LINE NO SCALETYPE G ONE-WAY CLEAR RETROREFLECTIVE MARKERTYPE C RED-CLEAR RETROREFLECTIVE MARKER LEGEND:
15 A20D
2024STA ND ARDPLA NA 20D
September 20, 2024
7-1-24
Florencia Allenger
C81705
3-31-26
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78
3'-6" 3'-6"
6'-0"
8'-0"
TYPE ÎÏ (L) ARROW
3'-6"
EDGE
OF
PAVEMENT
TYPE ÏÎ ARROW
DIRECTION
OF
VIEW
5'-6"
8'-6"
9'-0"
7'-3"
9 '-
0 "
TYPE Ï ARROW
10'-0"
18'-0"
15'-0"
13'-0"
17'-6"
24'-0"
24'-0"
18'-0"
TYPE ÏÎÎ (L) ARROW
2'-0"
BIKE LANE ARROW
5'-0"
1'-9"
2'-0"
6"
1'-0" GRID
1'-0" GRID
1'-0" GRID
1'-0" GRID
1'-0" GRID
1'-0" GRID
1'-0"
1'-0"
1'-0"
1'-0"
1'-0"
1'-0"
1'-0"
1'-0"
20^
6" GRID
TYPE Î 18'-0" ARROW
TYPE ÏÎÎÎ ARROW
TYPE Î 24'-0" ARROW
TYPE Î 10'-0" ARROW
For left lane, use mirror image.
Right lane drop arrow.
may be accepted by the Engineer.Minor variations in dimensions NOTE:
For Type ÎÏ (R) arrow, use mirror image.
For Type ÏÎÎ (R) arrow, use mirror image.
A=25 ftÄ
A=31 ftÄ
A=15 ftÄ
A=36 ftÄ
A=27 ftÄ
A=14 ftÄ
A=42 ftÄ
A=33 ftÄ
A=3.5 ftÄ
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
ARROWS
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
19 A24A
2024STA ND ARDPLA NA 24A
September 20, 2024
7-1-24
1'-0" GRID
Florencia Allenger
C81705
3-31-26
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79
TYPE ÎÎ (B) ARROW
6'-0" 7'-0"
TYPE ÎÎ (L) ARROW
11'-0"
24'-0"
24'-0"
24'-0"
24'-0"
10'-0"
TYPE ÎÎÎ (B) ARROW
1'-0" GRID 1'-0" 1'-0" 1'-0" 1'-0" GRID 1'-0" GRID 1'-0" 1'-0" GRID TYPE ÎÎÎ (L) ARROW
Minor variations in dimensions
NOTE:
may be accepted by the Engineer.
For Type ÎÎÎ (R) use mirror image. For Type ÎÎ (R) use mirror image. 8'-0"
6'-0"
*
14'-0" 20'-0" 14'-0" 1'-4" 1'-4"
1'-0" GRID
OF LANE
OF LANE
2'-0" x WIDTH
2'-0" x WIDTH
RAILROAD CROSSING SYMBOL
*
width transverse lines.
A=42 ftÄ A=73 ftÄ A=45 ftÄ A=59 ftÄ
A=70 ftÄ
70 ftÄ does not include the 2'-0" x variable
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
ARROWS AND SYMBOLS
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
20 A24B
2024STA ND ARDPLA NA 24B
September 20, 2024
7-1-24
Florencia Allenger
C81705
3-31-26
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80
4'-8" 4'-8"
NUMERALS
8'-0"
4'-11"
8"
8'-0"
8"
8'-0"
8"
4" 4" 4"
A=17.5 ftÄ A=16.5 ftÄ A=19.5 ftÄ
DIAMOND SYMBOL
12'-0"
6"
3'-3"
1'-0" GRID
A=11 ftÄ
10"
BICYCLE LOOP
DETECTOR SYMBOL
3"
3"
2"
1" GRID
1'-8"
1'-8"
1'-8"
5'-6"
A=2 ftÄ
Minor variations in dimensions may be acceptedby the Engineer.
NOTE:
6'-6"
4" GRID
3'-4"
WITH PERSON
BIKE LANE SYMBOL
A=7 ftÄ
2'-8½"
4'-5"
3'-9"
4'-5"
3'-9"
3'-0"
WHITE BLUE
6" GRID
A (WHITE) =9 ftÄ
A (BLUE) =14 ftÄ
ACCESSIBILITY (ISA) MARKING
INTERNATIONAL SYMBOL OF
SHARED ROADWAY BICYCLE MARKING
3'-3"
5'-9"
9'-3"
3'-6"
2'-0"
6"
6"
6"
1"
A=11.5 ftÄ
~
6" GRID
4" GRID
3'-4"
6'-0"
WITHOUT PERSON
BIKE LANE SYMBOL
A=7 ftÄ
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
SYMBOLS AND NUMERALS
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
21 A24C
2024STA ND ARDPLA NA 24C
September 20, 2024
7-1-24
Florencia Allenger
C81705
3-31-26
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81
4" 4"
8"
8"
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
A=6 ftÄ
4"
2"
XING
AHEAD
WAIT
LANE
RIGHT
YIELD
SCHOOL
SIGNAL
TURN
HERE
BIKE
SLOW
STOPLEFT
ITEM ITEM ITEM
WORD MARKINGS
ITEM
PED
COMPACT
RUNAWAY
VEHICLES
21 31
19 6
26 5
23 22
19 24
35 32
24 26
18 10
43 42
A=5 ftÄ
2"
4"
4"
2"
A=10 ftÄ
8"
4"
A=22 ftÄ A=18 ftÄ
8"
4"
8"
4"
A=26 ftÄ
8"
4"
A=19 ftÄ
8"
4"
A=32 ftÄ
A=35 ftÄ
A=43 ftÄ
A=31 ftÄ A=24 ftÄ A=26 ftÄ A=21 ftÄ
A=42 ftÄ A=24 ftÄ A=23 ftÄ A=19 ftÄ
ftÄ ftÄ ftÄ ftÄ
NOTES:
connecting segments not to exceed 2" in width.4. Portions of a letter, number or symbol may be separated by3. Minor variations in dimensions may be accepted by the Engineer. where there is limited space because of local conditions. the height of the characters. The space may be reduced appropriately the characters for low speed roads, but not more than ten times2. The space between words must be at least four times the height of i.e., the first word must be nearest the driver.1. If a message consists of more than one word, it must read "UP",
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
WORDS
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
22 A24D
2024STA ND ARDPLA NA 24D
September 20, 2024
7-1-24
Florencia Allenger
C81705
3-31-26
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82
A=2 ftÄ
8"
4"
8"
4"
8"
4"
8"
4"
8"
4"
4"
8"
8"
4" 4"
8"
12"
12"
2"
1½"
See Notes 5 and 6
8"
4"
8"
4"
8"
4"
A=14 ftÄ A=24 ftÄ A=27 ftÄ A=21 ftÄ A=22 ftÄ
A=24 ftÄ A=20 ftÄ A=16 ftÄ
A=18 ftÄ
A=30 ftÄ A=23 ftÄ
NOTES:
is visible to traffic enforcement officials.contrasting background and located so that itwhite letters no less than 1'-0" high on aThe words "NO PARKING", shall be painted inand A90B.locations of markings, see Standard Plans A90Abe used for parking facilities. For typicalThe words "NO PARKING" pavement marking is toexceed 2" in width.separated by connecting segments not toPortions of a letter, number, or symbol may beby the Engineer.Minor variations in dimensions may be acceptedspace because of local conditions.reduced appropriately where there is limitedheight of the characters. The space may bespeed roads, but not more than ten times thetimes the height of the characters for lowThe space between words must be at least fournearest the driver.it must read "UP",i.e., the first word must beIf a message consists of more than one word,
6.5.4.3.2.1. THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
WORDS
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
23 A24E
2024STA ND ARDPLA NA 24E
September 20, 2024
7-1-24
ONLY
LANE
ITEM ITEM
CLEAR
BUS
KEEP BIKE
NO
24 14
21 20
27 22
24 SQFT SQFT
HOV 18
TRAIL 23
WORD MARKINGS
EXPRS 30
EAST
ITEM
SOUTH
NORTH
FWY
WEST
16 31
29 22
24 SQFT
8"
4"
8"
4"
8"
4"
8"
4"
A=31 ftÄ A=29 ftÄ A=22 ftÄ A=24 ftÄ
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83
NOTES:
BASIC
1'-0" TO 2'-0"
6'-0"Min
3.2.1. 1'-0" TO 5'-0"
CONTINENTAL
1'-0" TO 2'-0"
6'-0"Min
See Note 1
DIAGONAL
45^ 6
'-0"Min
1'-0" TO 2'-0"
1'-0" TO 2'-0"
1'-0" TO 2'-0"
TRIPLE FOUR
Min
2'-0"
2'-0"
4'-0"
4'-0"
4'-0"
LADDER
6'-0"Min
1'-0" TO 2'-0"
1'-0" TO 2'-0" 1'-0" TO 2'-0"
1'-0" TO 5'-0", SEE NOTE 2
1'-0" TO 5'-0", SEE NOTE 2
HIGHER VISIBILITY CROSSWALKS
schools must be yellow.All crosswalk markings must be white except those nearSpacings not to exceed 2.5 x width of longitudinal line.of each lane.Spaces between markings must be placed in wheel tracks
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
CROSSWALKS
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
See Note 1
24 A24F
2024STA ND ARDPLA NA 24F
September 20, 2024
7-1-24
Florencia Allenger
C81705
3-31-26
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84
25 YIELD LINE AT EXIT RAMP
LIMIT LINE (STOP LINE) AT EXIT RAMP
LIMIT LINE (STOP LINE)
YIELD LINE
TYPE Ï ARROW AT EXIT RAMP
TYPE R
TRIANGLESOF ISOSCELESWHITE SERIES
1'-0"
17'-6"
9 '-
0 "
LIMIT LINE OR CROSSWALK1'-0" TO 2'-0"
WHITE LINE1'-0" TO 2'-0"
1. RETROREFLECTIVE FACE ON BACKSIDE
NOTE:
A=33 ftÄ
LEGEND:
2"
2"
2"2"
24'-0"
12'-0"
2'-0"
TRIANGLESOF ISOSCELESWHITE SERIES
1'-0"
up the ramp with the red reflective side facing the intersection.markers in front of the first line for wrong way vehicle that travels If there is crosswalk at the end of the exit ramp, place Type R
RETROREFLECTIVE MARKERTYPE R ONE-WAY RED
MARKER DETAILS
AT THIS LOCATIONUSE ONE MARKERWHEN RECESSED,
(Markers are not recessed)
(Markers are not recessed)
YIELD LINE AT EXIT RAMP
(Markers are recessed)
LIMIT LINE (STOP LINE) AT EXIT RAMP
(Markers are recessed)
Typ
2'-0"
BLANK
1'-0" WHITE LINE
Typ 3'-0
"
T2yp"
Typ
1'-0"
Typ
2'-0"
TRIANGLESOF ISOSCELESWHITE SERIES
Typ
1'-0"
Typ 3'-0
"
Typ 3'-0
"
T2yp"
Typ
1'-0"
Typ
2'-0"
Typ 3'-0
"
Typ
45 1'-0" ° 45°
?"-¾"
3?"-4?"
1?"-4?"
Typ
4 '-0"O/C
THE STATE OF CALIFORNIA OR ITS OFFICERS
OR AGENTS SHALL NOT BE RESPONSIBLE FORCOPIES OF THIS PLAN SHEET.
THE ACCURACY OR COMPLETENESS OF SCANNED
PLANS APPROVAL DATE
No.
Exp.
R
E
G
IS
TERED
PROFESSIONAL
ENG
IN
E
E
R
STATE OF CALIFORNIA
REGISTERED CIVIL ENGINEER
CIVIL
Dist COUNTY ROUTE
POST MILES
TOTAL PROJECT
SHEET
No.
TOTAL
SHEETS
AND WRONG WAY DETAILS
YIELD LINES, LIMIT LINES
PAVEMENT MARKINGS
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
NO SCALE
A24G
2024STA ND ARDPLA NA 24G
September 20, 2024
7-1-24
Typ
4'-0"
Typ 3'-0
"
REFLECTIVERED
BLANK
REFLECTIVERED
BLANK
REFLECTIVERED
Typ
1'-0"
Typ
4'-0"
BLANK
REFLECTIVERED
45° 45°
Florencia Allenger
C81705
3-31-26
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85
EXHIBIT “C”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of Payment Bond on the form supplied by the City and included as Exhibit “F” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
ARTICLE 2. Reverse Liquidated Damages Due to Unreasonable City Delay.
In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties and such delay is not the result of Additional Work. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $400 per Day of delay in excess of the time specified for the completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection. 86
EXHIBIT “D”
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, am aware of the provisions of Section 3700, et seq., of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.
Consolidated Engineering, Inc.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
87
EXHIBIT “E”
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Contractor hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.1
Name of Contractor:
DIR Registration Number:
DIR Registration Expiration:_________________________
Small Project Exemption: _____ Yes or _____ No
Unless Contractor is exempt pursuant to the small project exemption, Contractor further acknowledges:
• Contractor shall maintain a current DIR registration for the duration of the project. • Contractor shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project. • Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Contractor
Signature
Name and Title
Dated
1 If the Project is exempt from the contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.” 88
EXHIBIT “F”
PAYMENT BOND
89
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Atwater (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20____has awarded to Consolidated Engineering, Inc. hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to 90
recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
91
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
92
Exhibit G
Fleet Compliance Certification.
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto. The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.
Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third party correspondence or vendor bids). The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).
The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
Name of Bidder:_________________________________________________ Signature: __________________________________________________ Name: __________________________________________________ Title: __________________________________________________ Date: __________________________________________________ 93
CITY COUNCIL
AGENDA REPORT
MEETING
DATE:
June 9, 2025
TO: Mayor and City Council
FROM: Christopher Hoem, City Manager
PREPARED
BY:
Christopher Hoem, City Manager
SUBJECT: Community Development Director Employment Agreement (City Manager Hoem)
RECOMMENDED COUNCIL ACTION
Motion to adopt Resolution No. 3541-25 to ratify the Community Development Director Employment Agreement in the annual amount of $135,657.96 plus benefits with Jon O'Connor, in a form approved by the City Attorney; and authorize and direct the City Manager to execute the Agreement on behalf of the City; or Motion to approve staff's recommendation as presented.
I. BACKGROUND/ANALYSIS:
The Community Development Director position is a key management position in the operation of City business. Failure to maintain appropriate staffing levels in critical leadership positions limits the City’s ability to ensure public safety, plan for the future, and maintain effective organizational operations. The appointment of a new Community Development Director will reaffirm to the community and staff the City's commitment to maintaining effective leadership in the Community Development Department.
In March 2025, the City conducted recruitment efforts for the new Community Development Director. The City Manager interviewed candidates and determined that Mr. O'Connor is the preferred candidate. Mr. O'Connor was issued a Conditional Offer of Employment with an anticipated start date of June 10, 2025. Mr. O’Connor brings over 20 years of public and private sector experience in real estate development, project management, and community planning. He has led successful initiatives in economic development, partnerships, and regulatory compliance across multiple jurisdictions in California. His government service includes advisory, leadership, and consultancy roles with the City of Eureka and the City of Arcata, among others. He holds a Bachelor’s degree in Religious Studies from Humboldt State University (now Cal Poly Humboldt) and a Master of Science in Organizational Leadership from National University.
CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Brian Raymond
John Cale Kalisa Rochester
Agenda Report - Community Development Director Employment Agreement (City Manager Hoem) Page 2
The City Manager negotiated a Community Development Director Employment Agreement (Agreement) with Mr. O'Connor. The employment agreement is being presented to the City Council for ratification.
The Agreement contains the following proposed provisions:
o The Community Development Director's salary shall be $135,657.96 per year. o The Agreement is for an indefinite term and constitutes at-will employment, meaning the Community Development Director may be terminated at any time, with or without cause, and without an expiration date.
o The City shall pay the Community Development Director's premiums for him and his qualified dependents' medical, dental, and vision insurance on the same terms and conditions as are offered to other similarly situated City employees. o The City shall provide the Community Development Director a City vehicle to use for City business only.
o The City shall provide relocation assistance, up to $10,000, for reasonable and documented relocation expenses.
o If the Community Development Director is terminated without cause, he shall be entitled to severance in the amount of four (4) months of wages. o The Community Development Director will receive leave similar to that of other similarly situated City employees.
II. FISCAL IMPACTS:
Sufficient funding is available in the General Fund, Community Development, Account No. 0001-4000-1001. No additional fiscal impacts are associated with the Agreement.
This item has been reviewed by the Finance Department.
III. LEGAL REVIEW:
This item has been reviewed by the City Attorney's Office.
IV. EXISTING POLICY:
This item is consistent with goal numbers one (1), two (2) and five (5) of the City's Strategic Plan: to ensure the City's continued financial stability, to ensure the City's safety of staff and our community, and to optimize organizational structure, respectively.
V. ALTERNATIVES:
N/A
VI. INTERDEPARTMENTAL COORDINATION:
This item was coordinated by the City Manager's Office, Human Resources Department, and Finance Department.
VII. PUBLIC PARTICIPATION:
The purpose of ratifying employment agreements in an open session of the governing
Agenda Report - Community Development Director Employment Agreement (City Manager Hoem) Page 3
body is to provide the public with the opportunity to provide comments prior to ratification by the City Council.
VIII. ENVIRONMENTAL REVIEW:
This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.
IX. STEPS FOLLOWING APPROVAL:
Upon ratification of the employment agreement by the City Council, the City Manager, City Attorney, and the employee shall execute the Agreement.
Submitted and Approved by:
Chris Hoem, City Manager
Attachments:
1. Resolution O'Connor Employment Agreement 6-9-25
2. Draft Agreement - Community Development Director 2025 - Jon O'Connor
CITY COUNCIL
OF THE
CITY OF ATWATER
RESOLUTION NO. XXXX-24
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATWATER TO RATIFY THE COMMUNITY
DEVELOPMENT DIRECTOR EMPLOYMENT
AGREEMENT IN THE ANNUAL AMOUNT OF
$135,657.96 PLUS BENEFITS WITH JON
O’CONNOR
WHEREAS, recognizes the need to fill the critical executive position of Community Development Director to provide leadership and direction for the City’s planning, building, and housing; and
WHEREAS, the position of Community Development Director is essential to supporting the City’s goals for economic development, land use planning, housing compliance, and enhancing the overall quality of life for residents; and WHEREAS, Jon O’Connor has demonstrated significant qualifications, experience, and leadership qualities, making him an exemplary candidate for the position of Community Development Director; and
WHEREAS, the attached employment agreement between the City and Jon O’Connor outlines terms that are fair, equitable, and in the best interest of the community, including provisions for salary, benefits, and accountability measures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atwater as follows:
1. The City Council hereby approves and ratifies the Employment Agreement between the City of Atwater and Jon O’Connor for the position of Community Development Director.
2. The City Manager is authorized and directed to execute the agreement on behalf of the City and to take all necessary actions to carry out the terms of the agreement.
3. This resolution shall take effect on June 10, 2025.
Resolution No. XXXX-24 Page 2
The foregoing resolution is hereby adopted this 9th day of June 2025.
AYES:
NOES:
ABSENT:
APPROVED:
________________________________
MIKE NELSON, MAYOR
ATTEST:
_______________________________
KORY J. BILLINGS, CITY CLERK
City of Atwater
Community Development Director
Employment Agreement
COMMUNITY DEVELOPMENT DIRECTOR
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of the __ day of June 2025, (“Effective Date”), by and between the CITY OF ATWATER (“City”) and JON O’CONNOR (“Employee”). The City and Employee shall be referred to herein individually as a “Party” and collectively as “Parties.” There are no other parties to this Agreement.
RECITALS
A. The City Manager is authorized to negotiate and enter into employment agreements with Department Directors subject to the advice and consent of the Atwater City Council (“City Council”) pursuant to the terms of the Atwater Municipal Code (“Municipal Code”).
B. The Parties agree that this Agreement shall be the sole agreement between the Parties regarding the employment of Employee as Community Development Director.
C. The Parties desire to execute this Agreement pursuant to the authority of, and subject to, the provisions of California Government Code (“Government Code”) section 53260 et seq.
NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties, and in consideration of the benefits that accrue to each, it is agreed as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between Recitals and Section 1 through 9 of this Agreement, Sections 1 through 9 will prevail.
Section 2. Appointment of Community Development Director, Duties, and Term.
Section 2.1. Appointment of Community Development Director and Duties. With the consent of and ratification by the City Council on June 9, 2025, the City Manager hereby appoints Employee to the position of Community Development Director, effective June 10, 2025, in and for the City, to perform the function and duties of the Community Development Director, under the direction of the City Manager. Employee accepts such appointment and employment pursuant to the terms of this Agreement.
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Section 2.2. Secondary Employment/Conflict of Interest. Employee agrees to devote all productive time, ability, and attention to the City’s business to the extent necessary to perform the duties and responsibilities in a manner satisfactory to City.
A) Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s business interests. As such, Employee agrees that Employee will notify the City Manager in writing if Employee accepts secondary employment, so that the City may determine whether there is a conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City.
Employee has the right to volunteer for such nonprofit organizations as he may see fit, provided that such volunteer services do not interfere with the duties as Community Development Director or conflict with, or present the appearance or possibility of conflicting with, the City’s business interests.
B) Employee shall not engage in any activity that is, or may create, a conflict of interest, prohibited contract, or that may create an incompatibility of office under state law. Prior to performing services under this Agreement, and annually thereafter, Employee must complete financial disclosure forms required by law.
Section 2.3. Exempt Employee. Typical general business hours for City employees are Monday through Friday, 8:00 AM to 5:00 PM. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.). Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours, which are necessary to fulfill the duties of the Community Development Director, unless otherwise provided in this Agreement.
Section 2.4. Duties/Schedule. The Community Development Director’s daily and weekly work schedule shall vary in accordance with the work required to be performed. The Community Development Director position may include frequent attendance at evening meetings and frequent irregular hours as necessary to meet deadlines and achieve objectives. The City Manager recognizes that the Community Development Director must devote a great deal of time outside normal office hours to business of the City and, to that end, will be allowed to take Administrative Leave, as defined in Section 4.4 of this Agreement, as he shall deem appropriate during said normal office hours, subject to notification and approval of the City Manager.
The Community Development Director’s primary duties shall be as summarized in the job description attached hereto as Exhibit A. Employee shall perform Employee’s duties under this Agreement pursuant to the laws of the State of California and applicable City Municipal Code, ordinances, and resolutions.
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Employee understands that Employee’s duties may be amended from time to time by the City Manager as necessary to meet the City’s needs. No modification or change in Employee’s responsibilities, duties or position shall otherwise change or revoke any other provision of this Agreement.
Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules, and regulations of the City now in force and effect and applicable to Employee’s position, and by all such other applicable policies, rules and regulations as may be hereafter implemented and called to his notice and will faithfully observe and abide by the same. No such policy, rule or regulation shall alter, modify or revoke employee’s status as an at-will employee or any other provision of this Agreement.
Section 3. At-Will Employment.
Section 3.1. At-Will. Employee is an at-will employee serving at the pleasure of the City Manager, as provided in Government Code section 34856.
Accordingly, the City Manager may terminate Employee’s employment at any time, with or without cause.
Section 3.2. No Property Right in Employment. Employee understands and agrees that the terms of employment are governed only by this Agreement and that no right of employment for any specific term is created by this Agreement.
Employee further understands that based on the “at-will” employment status, Employee acquires no property interest in employment by virtue of this Agreement, and that Employee is not entitled to due process for any disciplinary actions under the City’s personnel policies and rules.
Section 4. Compensation and Benefits
Section 4.1 Community Development Director Salary. Beginning June 10, 2025, Employee shall be compensated at Step 2 of Grade 337 of the Salary Schedule (currently in the amount of $11,304.83 per month/$135,657.96 per year) for services performed as Community Development Director. This position is exempt from any City furlough program. Employee’s performance shall be reviewed annually pursuant to the City’s Performance Evaluation Policy and Employee shall be eligible to have his salary adjusted annually thereafter as set forth in the Salary Schedule, consistent with the Mid Managers Group, or Department Director Group (if established), whichever provides the greater benefit to Employee.
Section 4.2. Review and Evaluation. The City Manager agrees to review and evaluate Employee’s performance of Employee’s duties as Community Development Director, pursuant to the terms of this Agreement (“Review and
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Evaluation”), on not less than an annual basis and to provide Employee with a written performance review. The annual Review and Evaluation shall be conducted on or about the anniversary date of this Agreement of each year, or at the City Manager’s discretion.
Section 4.3. Vehicle. During the term, or any extension thereof, the City will provide Employee with an assigned vehicle to be used to and from home and work and will cover the costs and expenses associated with said vehicle. In the event Employee requests and is authorized to use a private vehicle for City business, he shall be reimbursed for mileage in accordance with City policies.
Section 4.4. Administrative Leave. It is recognized that Employee must devote a great deal of time outside the normal office hours to City business as Community Development Director. To that end, Employee shall receive up to eighty (80) hours of administrative leave (“Administrative Leave”) per calendar year, to be used as needed, upon the approval of the City Manager. Approved but unused Administrative Leave may be cashed out annually at the discretion of the City Manager and only if budgeted funds are available to permit the cash out, and Employee has elected for cash out in advance of earning the time. Administrative Leave is only available for use or cash out in the year in which it is given, has no other cash value, and may not be carried over into a subsequent year.
Section 4.5. Sick and Vacation Leave.
Section 4.5.1 Sick Leave. Employee shall accrue four (4) hours of sick leave each pay period over 24 pay periods a year.
Employee shall be permitted to cash out up to ninety-six (96) hours of accrued and unused sick leave annually pursuant to City policy at the discretion of the City Manager and only if budgeted funds are available to permit the cash out. There is no cap on sick leave accruals. If employee’s employment with the City terminates, sick leave shall be paid out pursuant to the City’s Paid Sick Leave Policy on the same terms and conditions as are offered to other City employees, consistent with the Mid Managers Group, or Department Director Group (if established), whichever provides the greater benefit to Employee.
Section 4.5.2. Vacation Leave. In recognition of Employee’s years of experience, Employee shall accrue five (5) hours of vacation leave per pay period over 24 pay periods a year. For the purposes of the vacation leave accrual rate, Employee shall be considered to have been hired five years prior to the effective date of appointment of Employee. Employee may cash out up to eighty (80) hours of accrued, unused vacation annually at the discretion of the City Manager and only if budgeted funds are available to permit the cash
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out, and Employee has elected for cash out in advance of earning the time. Accruals are capped at twice the annual accrual amount.
Section 4.6. Holidays. Employee shall be subject to the provisions governing Holidays as are set forth in the City’s Personnel Rules and Regulations.
Section 4.7. Medical, Dental and Vision.
4.7.1. Medical, Dental and Vision. During the Term of this Agreement, or any extension hereof, the City shall pay the premiums for Employee and qualified dependents’ for medical, dental and vision insurance on the same terms and conditions as are offered to other similarly situated City employees, consistent with the tier system utilized for the Mid Managers Group or Department Director Group (if established), whichever provides the greater benefit to Employee. Employee shall be responsible for the payment of any premiums not paid for by the City and all deductibles, co-payments and disallowed costs. Should Employee elect not to participate in the City’s medical plan or elect to enroll in medical coverage through a spouse, Employee shall be eligible for in-lieu payments in the amount set for the Mid Managers Group or Department Director Group (if established), whichever provides the greater benefit to Employee.
4.7.2 Medical Upon Retirement. If Employee is a qualified annuitant under the requirements of CalPERS and the effective date of retirement is less than one hundred and twenty (120) days after separation from employment with the City, Employee may elect to participate in the City’s medical insurance plans. If qualified for enrollment, the City shall pay the premiums consistent with the tier system utilized for the Mid Managers Group or Department Director Group (if established), whichever provides the greater benefit to Employee at the time of Employee’s retirement. Employee shall be responsible for the payment of any premiums not paid for by the City and all deductibles, co-payments and disallowed costs. When Employee and qualified dependents become eligible for Medicare, the City’s medical insurance plan shall become secondary insurance and the City’s obligation to pay premiums as set forth in this Section shall be reduced accordingly.
4.7.3 Dental and Vision Upon Retirement. Upon Employee’s retirement from the City, Employee and eligible dependents may elect to remain on the City’s dental and/or vision coverage plans.
Employee will be responsible for paying the full amount of the monthly premium amounts for Employee and eligible dependents, established by the City’s provider, as well as all deductibles, coPage 339 of 346 City of Atwater
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payments, and disallowed costs. Said amounts are subject to change annually. The City shall bill Employee on a monthly basis for the full amount of the monthly premiums. Non-payment will result in disenrollment of Employee and eligible dependents without the option to re-enroll.
Section 4.8. Retirement. The City participates in the California Public Employees’ Retirement System (CalPERS). CalPERS will make the determination if Employee is considered a “Classic” member or “New” member” (as defined in the Government Code), and Employee shall contribute based on the enrolled tier.
Employee shall pay 100% of the employee contribution.
Section 4.9. Life Insurance and Accidental Death and
Dismemberment. During the term of this Agreement, or any extension hereof, the City shall pay 100% of all premiums per existing policy in place at time of agreement to cover the life insurance policy currently in place for the benefit of Employee.
Section 4.10. Disability. During the term of this Agreement, or any extension hereof, the City shall pay 100% of all premiums per existing policy in place at time of agreement to cover both short term and long-term disability benefits for the benefit of Employee.
Section 4.11. Unemployment. During the term of this Agreement, or any extension hereof, the City shall contribute to the Unemployment Insurance Program for the benefit of Employee, at no cost to Employee.
Section 4.12. Changes in Fringe Benefits or Working Conditions.
Except as otherwise provided herein, all provisions of the Rules and Regulations of the City relating to changes to fringe benefits and/or working conditions as they now exist, or hereinafter may be amended, shall also apply to Employee as they would to other similarly situated City employees, consistent with the policy for the Mid Managers Group or Department Director Group (if established), in addition to the benefits enumerated for the benefit of Employee as herein provided.
Section 4.13. Professional Development. Subject to available funds, the City agrees to pay the professional dues, subscriptions, travel, lodging, meals, training expenses and other business expenses of Employee reasonably necessary for continued and full participation in national, state, and local associations, professional organizations, governmental groups and committees thereof for the good of the City in accordance with the approved budget. For the purposes of this section, all expenses shall be reasonable actual expenses, and Employee shall submit appropriate documentation of expenses.
Section 4.14. Expense Reimbursement. The City shall reimburse Employee for all sums necessarily incurred and paid by Employee in the
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performance of his duties, as approved by the City Manager. Employee shall submit a claim form or appropriate documentation to the City in compliance with City policies.
Section 4.15. Relocation Assistance. The Employer agrees to provide the Employee with relocation assistance in the form of reimbursement for reasonable and documented relocation expenses incurred in connection with the Employee’s relocation to the Atwater, California area for the purpose of assuming the position of Community Development Director. The total amount of reimbursement shall not exceed Ten Thousand Dollars ($10,000.00). All relocation expenses must be incurred and submitted for reimbursement within six (6) months of the Employee’s start date. The Employee must submit appropriate receipts and documentation as required by the Finance Department.
Section 5. Termination of Employment and Severance.
Section 5.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) days advance written notice of the effective date of Employee’s resignation, unless the Parties otherwise agree in writing. If Employee retires from full-time public service with the City, Employee shall provide ninety days (90) advance written notice. During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and other compensation due and owing under this Agreement. In the event of voluntary resignation or retirement, Employee shall not be entitled to Severance, as set forth in Section 5.3 of this Agreement.
Section 5.2. Termination by City Manager. The City Manager may terminate this Agreement and remove Employee from his position as Community Development Director at any time with or without cause. If Employee’s termination is based on charges of misconduct that publicly stigmatizes Employee’s reputation or impairs his ability to earn a living, or might damage his standing in a community, Employee may, within five (5) business days of the City Manager’s notice to Employee of his or her intent to terminate Employee’s employment, make a written request for a "name-clearing" hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340 and its progeny) before the City Council in closed session. The "name-clearing" hearing is solely to provide Employee the opportunity to clear his name. The City Council may determine whether the allegations contained in the notice of termination are supported. If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that Employee's termination was without fault. This decision will not, however, require that Employee be reinstated to his position. In the event Employee does not request a "name-clearing" hearing before the City Council, the City Manager’s decision to terminate will be effective by the close of business on
City of Atwater
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the fifth (5th) day after the City Manager provided notice to Employee of his or her intent to terminate Employee’s employment. Should the Employee request a name clearing hearing within the five (5) days, termination will still take effect after the fifth day and Employee will not be on paid status during this period.
Section 5.3. Termination With Severance. This provision only relates to Employee’s eligibility to receive severance pay pursuant to this Agreement and does not in any way impact Employee’s at-will status. In the event the City Manager terminates Employee’s employment and this Agreement without Good Cause, as defined in Section 5.4, below, or requests Employee’s resignation in lieu of such termination, subject to the conditions in this subsection, Employee shall be eligible to receive a sum equal to four (4) month’s Base Salary (“Severance”).
Such Severance is subject to the restrictions of Government Code section 53260.
Severance shall be paid in the same manner as to other similarly situated City employees unless otherwise agreed to by the City Manager and Employee.
Employee’s eligibility for Severance shall be expressly conditioned upon Employee’s execution (and non-revocation) of: (i) a waiver and release of any and all of Employee’s claims against the City, and its employees, elected officials, officers, and agents, and (ii) a covenant not to sue any of those parties. If the Employee resigns in lieu of termination, the Parties shall cooperate and agree regarding public announcements and communications regarding Employee’s separation. Such waiver shall be either drafted or approved by the City Attorney prior to execution.
Section 5.4. Termination Without Severance. This provision only relates to Employee’s ability to receive severance pay pursuant to this Agreement, and does not in any way impact Employee’s at-will status. The City Manager may at any time immediately terminate this Agreement and Employee’s employment for Good Cause, as defined below. If Employee is terminated for Good Cause, the City shall not be required to pay any Severance under this Agreement, and the City shall have no obligation to Employee beyond those benefits accrued as of Employee’s last day of employment and those the City is obligated to provide under federal or state law.
“Good Cause” for purposes of this Agreement is defined as the following:
1. Conviction of a felony;
2. Disclosing confidential or protected information of the City;
3. Misconduct or gross carelessness in the course of Employee’s work performance;
4. Unjustifiable and willful neglect of the duties described in this Agreement or Employee’s job description;
5. Commission of any act of fraud in the performance of Employee’s duties. In this context, “fraud” means an intentional
misrepresentation, deceit, or concealment of a material fact known to Employee that deprives the City or another person of legal rights or causes injury;
6. Dishonesty;
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7. Failure to perform Employee’s duties to the standard set by the City, as determined by the City Manager,
8. Any conduct which violates the applicable provisions of the City’s personnel policies, rules or regulations for which an employee may be terminated;
9. Repeated or protracted unexcused absences from the Employee’s office and duties;
10. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation or the Administration Department whether during or outside business hours;
11. Violation of federal, state, or City discrimination laws;
12. Refusal to take or subscribe any oath or affirmation which is required by law;
13. Employee’s disability resulting in his inability to perform the essential functions of his job, which the City is unable to reasonably accommodate without placing an undue burden on City business operations;
14. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests; or
15. Substance abuse which adversely affects performance of Employee’s duties.
The City Manager may also place Employee on paid or unpaid investigatory leave during the Term of this Agreement.
Section 6. Notices. Any notice or communication required hereunder between the City and Employee must be in writing and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is addressed.
If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day, or on a Saturday, Sunday or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered, as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in
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substitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the Parties at their addresses set forth below:
If to Employee: City of Atwater
Attn: Jon O’Connor
1350 Broadway Ave
Atwater, California 95301
CC: Employee’s home address on file
If to the City: City of Atwater
Attn: City Manager
1160 Fifth Street
Atwater, California 95301
Section 7. Indemnification. The City shall defend, hold harmless, and indemnify Employee against any tort, personnel, civil rights, or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as Community Development Director in accordance with the California Government Claims Act (Government Code section 810 et seq.) and shall provide a defense to Employee in accordance with Government Code sections 995-996.6.
The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, the City’s duty to defend and indemnify Employee shall be contingent upon Employee’s good faith cooperation with such defense. In the event the City provides paid leave to the Employee pending an investigation or funds for a legal criminal defense pursuant to this Section, Employee shall reimburse the City for the amount of such paid leave or cost of the legal criminal defense, if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243-53243.1. Also, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of his or her office or position as provided in Government Code section 53243.2-53243.4
Section 8. Bonding. The City shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.
Section 9. General Provisions
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9.1. Modification of Agreement. This Agreement may be
supplemented, amended, or modified only by a writing signed by the City Manager and Employee.
9.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
9.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.
9.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by state or federal law in order to enter into this Agreement had been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
9.5. Headings. The headings in this Agreement are included for convenience only, and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
9.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
9.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
9.8. Waiver. No covenant, term, or condition, or the breach thereof, shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
9.9. Counterparts. This Agreement may be executed in counterparts, including by signatures transmitted electronically or by fax, and all so executed
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shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.
9.10. Venue. Venue for all legal proceedings shall be in the Superior Court in and for the County of Merced in the State of California.
IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.
CITY:
City of Atwater, a municipal corporation of
the State of California
By:
Chris Hoem, City Manager
Date Signed:
EMPLOYEE:
By:
Jon O’Connor, an individual
Date Signed:
Approved as to Form:
By:
Frank Splendorio, City Attorney